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(영문) 서울고등법원 2012.10.19 2012나32623
채무부존재확인
Text

1. All appeals filed by the plaintiffs and the plaintiff C's successor are dismissed.

2. The costs of appeal are assessed against the Plaintiffs and Plaintiff C.

Reasons

Basic Facts

A. Pursuant to Article 3(1) of the former Act on Temporary Measures for the Improvement of Residential Environments of Low-Income Urban Areas (repealed by Article 2 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6852, Dec. 30, 2002; hereinafter “former Temporary Measures Act”), the Mayor of Incheon Metropolitan City shall designate the area of 85,119mm2 as a F residential environment improvement district on January 13, 1997.

6. On October 22, 1999, the Nam-gu Incheon Metropolitan City Special Metropolitan City G 58,674 square meters were designated and publicly announced as H residential environment improvement district, respectively. On October 22, 1999, the said two districts were integrated and part of the surrounding areas (I), and the designation and public notification was made of the 180,39 square meters of Seoul Special Metropolitan City J, I, and G as K residential environment improvement district (hereinafter “instant project district”).

B. On September 28, 2001, the head of Nam-gu Incheon Metropolitan City changed the area of the instant project district into 192,607 square meters when formulating and publicly announcing the housing environment improvement plan of the instant project district pursuant to Article 6(1) of the former Temporary Measures Act, and designated the Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter the same shall apply) as the implementer of the residential environment improvement project in the front improvement area (hereinafter the “instant project”).

After that, the housing environment improvement plan in the project district of this case has been amended several times, but around August 2008, the final designation and announcement was made to expand the area of the project district of this case into 203,425 square meters.

C. Around November 2002, the Defendant obtained approval from the Mayor of Incheon Metropolitan City for the housing construction project plan to build multi-family housing (public lease and public sale) in the project district of this case, and subsequently obtained approval for modification of the housing construction project plan to change the area of the site on July 2008.

On July 9, 2008, the head of Nam-gu Incheon Metropolitan City shall build 3,208 multi-family housing units (L apartments, 2,535 units, and 673 units of public rental) in the project district of this case.

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